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Defense expert Leonard J. Hershkowitz opinion stricken as UNRELIABLE by Harris County Judge
We handled a Houston truck accident case that went to trial last week in Harris County, Texas. The jury returned a very favorable verdict for our client on August 26, 2010.
VB lawyers deposed Dr. Leonard Hershkowitz in the case. He admitted that well over 95% of his work is for defense interests such as insurance companies and large corporations.
One of Dr. Hershkowitz's primary "opinions" was that our client, Alfonso Garza, did not need the back surgery his doctors were recommending.
We moved to strike that opinion. The AIG lawyers filed motions trying to defend their witness. After reviewing all of the evidence and arguments, the Judge ruled that Dr. Hershkowitz's surgical opinion was STRICKEN because it was UNRELIABLE.
The Judge struck the opinion for the following reasons:
- Dr. Hershkowitz is a neurologist, not a surgeon, and has never before performed surgery;
- Dr. Hershkowitz never saw or examined Alfonso;
- Dr. Hershkowitz never reviewed any of the actual films from Alfonso's MRIs or other diagnostic studies.
For anyone who would like a copy of the transcript reflecting the striking of Dr. Hershkowitz's surgical opinion, please contact us and we will be happy to provide a copy.